Senate Bill S3658

2009-2010 Legislative Session

Provides for searches of records for sex offense convictions of volunteer firefighters and emergency medical technicians

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to finance
May 12, 2009	reported and committed to codes
Mar 27, 2009	referred to finance

2009-S3658 (ACTIVE) - Details

See Assembly Version of this Bill:: A1277
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §837-o, Exec L; amd §10-1006, Vil L; amd §122-b, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4931, A3523
2013-2014: S1885, A2318

2009-S3658 (ACTIVE) - Summary

Provides for searches of records for sex offense convictions of volunteer firefighters and emergency medical technicians.

2009-S3658 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3658               REVISED 05/28/09

 TITLE OF BILL :
An act to amend the executive law, the village law and the general
municipal law, in relation to criminal background checks for
firefighters and emergency medical services personnel


 PURPOSE :
This bill provides an avenue by which fire departments can conduct a
criminal record search through the New York State Division of Criminal
Justice, at no cost to the departments, on any individual seeking to
become a member of a volunteer emergency medical services department
to determine whether there has been a conviction for a sex offense or
an attempted sex offense.  Should such a conviction be found,
membership membership would be barred.  Should such a conviction be
found for a current volunteer, that membership would immediately be
terminated.  This bill also allows for such background checks for
current volunteers and requires the termination of such personnel upon
the finding of such conviction.

 SUMMARY OF PROVISIONS :
Amends subdivision 1 of section 837-o of the executive law, as amended
by chapter 423 of the laws of 1999, amends paragraphs a, b, and c of
subdivision 3 of section 837-o of the executive law; amends
subdivisions 18 and 19 of section 10-1006 of the village law, amends

section 122-b of the general municipal law by adding a new paragraph
6.

 JUSTIFICATION :
Volunteer fire departments and volunteer EMS departments should have
the ability to keep convicted sex offenders from becoming volunteers.
Because of the nature of the job, volunteer firefighters and volunteer
EMS personnel are often in situations where children and families are
present and at their most vulnerable due to a fire or medical
emergency.  Furthermore, volunteer fire fighters and EMS personnel
frequently participate in community and school activities, giving
members with a history of sex offenses unique access to children. This
bill also helps protect municipalities with volunteer fire departments
and volunteer EMS departments from potential lawsuits that could occur
in the event that a volunteer with a history of sex offenses attacks
another victim while engaged in firefighting duties.

 LEGISLATIVE HISTORY :
2008: A.5721

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately.

2009-S3658 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3658

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 27, 2009
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the executive law,  the  village  law  and  the  general
  municipal  law,  in  relation  to criminal background checks for fire-
  fighters and emergency medical services personnel

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The section heading and subdivision 1 of section 837-o of
the executive law, as added by chapter 423  of  the  laws  of  1999,  is
amended to read as follows:
  Search for arson AND SEX OFFENSE conviction records of volunteer fire-
fighter  applicants.  1. Any person who applies for membership in a fire
company, as such term is defined in section three of the volunteer fire-
fighters' benefit law, or who seeks to transfer as a member  to  another
fire  company,  shall  be required to authorize the submission of his or
her name and other authorized identifying information  to  the  division
which  shall  search its files for records indicating whether the person
stands convicted of the  crime  of  arson  OR  OF  ANY  SEX  OFFENSE  OR
ATTEMPTED  SEX  OFFENSE  AS DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE
PENAL LAW. The chief of the fire company to which  application  is  made
shall  provide  written  notice  to  the applicant that a search will be
conducted, and if the applicant desires to  proceed,  he  or  she  shall
complete  a  search request on the form provided for this purpose by the
division of criminal justice services.
  S 2. Subdivision 3 of section 837-o of the executive law, as added  by
chapter 423 of the laws of 1999, paragraph (b) as amended by chapter 689
of the laws of 2002, is amended to read as follows:
  3.  (a)  All  searches  concerning the application for membership in a
fire company shall be conducted under the provisions of subdivision  six
of  section  eight  hundred  thirty-seven  of  this  article without the
assessment of any fee to the applicant or fire company and shall pertain

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03746-01-9

S. 3658                             2

solely to ascertaining whether the applicant stands convicted  of  arson
OR OF A SEX OFFENSE OR ATTEMPTED SEX OFFENSE.
  (b) The results of the search shall be communicated in writing, within
ten business days of receipt from the division, to the chief of the fire
company from which the search request originated by either the sheriff's
department  or  the  department  of state, office of fire prevention and
control, and shall be kept confidential by the chief, except as provided
in paragraph (c) of this subdivision. The results of  the  search  shall
only state either that: (i) the applicant stands convicted of arson OR A
SEX  OFFENSE  OR  AN ATTEMPTED SEX OFFENSE, or (ii) the applicant has no
record of conviction for arson OR FOR A SEX OFFENSE OR FOR AN  ATTEMPTED
SEX  OFFENSE.    The  results  of the search shall not divulge any other
information relating to the criminal history of the applicant.
  (c) At the time an applicant is advised that he or she  is  ineligible
for  membership  due  to  a  record of conviction for arson OR FOR A SEX
OFFENSE OR FOR AN ATTEMPTED SEX OFFENSE, he or she shall also be advised
of the rights to challenge and appeal the information contained  in  the
record  of  conviction  as  provided in the rules and regulations of the
division. The applicant shall continue  to  be  barred  from  membership
until all administrative and judicial challenges to the accuracy of such
information  or appeals therefrom, are ultimately resolved in his or her
favor, or if such a determination is unchallenged.
  S 3. Subdivision 18 of section 10-1006 of the village law, as added by
chapter 719 of the laws of 1985, is amended to read as follows:
  18. A person who has been convicted of arson in any degree OR OF A SEX
OFFENSE OR ATTEMPTED SEX OFFENSE AS DEFINED IN ARTICLE ONE HUNDRED THIR-
TY OF THE PENAL LAW shall not be eligible to be elected or appointed  as
a  volunteer  member  of a fire company. The membership of any volunteer
member of a fire company shall immediately terminate if  he  is  OR  HAS
BEEN convicted of arson in any degree [while a member of a fire company]
OR  A  SEX OFFENSE OR AN ATTEMPTED SEX OFFENSE AS DEFINED IN ARTICLE ONE
HUNDRED THIRTY OF THE PENAL LAW.
  S 4. Subdivision 19 of section 10-1006 of the village law, as added by
chapter 423 of the laws of 1999, is amended to read as follows:
  19. Upon application by any person for membership in  a  fire  company
operating  pursuant  to  this  section,  the  fire chief shall cause the
applicant's background to be checked pursuant to section  eight  hundred
thirty-seven-o  of  the executive law for a criminal history involving a
conviction for arson AND FOR ANY SEX OFFENSE OR ATTEMPTED SEX OFFENSE AS
DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW.
  S 5. Section 122-b of the general municipal law is amended by adding a
new subdivision 6 to read as follows:
  6. ANY MEMBER OF A VOLUNTEER AMBULANCE COMPANY  OR  EMERGENCY  MEDICAL
SERVICE  ORGANIZATION  SHALL  BE  SUBJECT TO A CRIMINAL BACKGROUND CHECK
PURSUANT TO SECTION EIGHT HUNDRED THIRTY-SEVEN-O OF  THE  EXECUTIVE  LAW
FOR  A  CRIMINAL  HISTORY  INVOLVING A CONVICTION FOR ANY SEX OFFENSE OR
ATTEMPTED SEX OFFENSE AS THOSE TERMS ARE DEFINED IN SUBDIVISIONS TWO AND
THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE  CORRECTION  LAW.  THE
SHERIFF  OF  ANY  COUNTY  IN  WHICH SUCH EMERGENCY SERVICES ARE PROVIDED
SHALL BE RESPONSIBLE FOR RECEIVING THE SEARCH  REQUESTS  AND  PROCESSING
THE SEARCH REQUESTS WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES WITH-
IN  TEN BUSINESS DAYS OF RECEIPT FROM THE AMBULANCE OR EMERGENCY MEDICAL
SERVICES COMPANY. A PERSON WHO HAS BEEN CONVICTED OF A  SEX  OFFENSE  OR
ATTEMPTED  SEX  OFFENSE  AS DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE
PENAL LAW SHALL NOT BE ELIGIBLE TO BE ELECTED OR APPOINTED AS  A  VOLUN-
TEER MEMBER OF AN AMBULANCE COMPANY OR EMERGENCY MEDICAL SERVICES ORGAN-

S. 3658                             3

IZATION.  THE  MEMBERSHIP OF ANY MEMBER OF AN AMBULANCE COMPANY OR EMER-
GENCY MEDICAL SERVICES ORGANIZATION SHALL IMMEDIATELY TERMINATE IF HE OR
SHE IS OR HAS BEEN CONVICTED OF  A  SEX  OFFENSE  OR  AN  ATTEMPTED  SEX
OFFENSE  AS THOSE TERMS ARE DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE
PENAL LAW.
  S 6. This act shall take effect immediately.

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Senate Bill S3658

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Archive: Last Bill Status - In Senate Committee Finance Committee

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2009-S3658 (ACTIVE) - Details

2009-S3658 (ACTIVE) - Summary

2009-S3658 (ACTIVE) - Sponsor Memo

2009-S3658 (ACTIVE) - Bill Text download pdf

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Sponsored By

David J. Valesky

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

2009-S3658 (ACTIVE) - Details

2009-S3658 (ACTIVE) - Summary

2009-S3658 (ACTIVE) - Sponsor Memo

2009-S3658 (ACTIVE) - Bill Text download pdf

Comments